1.
Of Coups and the Constitution
University of Tennessee Legal Studies Research Paper No. 294
Number of pages: 38
Posted: 01 Jul 2016
Last Revised: 07 Feb 2017
Working Paper Series
University of Tennessee College of Law
Downloads
10,855
2.
Trump University and Presidential Impeachment
96 Oregon Law Review 57 (2017)
Number of pages: 66
Posted: 21 Sep 2016
Last Revised: 27 Dec 2017
Accepted Paper Series
University of Utah - S.J. Quinney College of Law
Downloads
8,984
3.
Splitsylvania: State Secession and What to Do About It
University of Tennessee Legal Studies Research Paper No. 343
Number of pages: 10
Posted: 06 Mar 2018
Last Revised: 09 Jan 2019
Accepted Paper Series
University of Tennessee College of Law
Downloads
8,499
4.
The Subjects of the Constitution
Stanford Law Review, Vol. 62, No. 5, 2010, Georgetown Public Law Research Paper No. 10-25
Number of pages: 85
Posted: 18 May 2010
Last Revised: 25 May 2011
Accepted Paper Series
Georgetown University Law Center
Downloads
5,787
5.
On the Limits of Supremacy: Medical Marijuana and the States' Overlooked Power to Legalize Federal Crime
Vanderbilt Law Review, vol. 62, p. 1421, 2009, Vanderbilt Public Law Research Paper No. 09-05
Number of pages: 63
Posted: 11 Mar 2009
Last Revised: 09 Jun 2011
Working Paper Series
Vanderbilt University - Law School
Downloads
5,596
6.
Gödel’s Loophole
Capital University Law Review, vol. 41 (2013), pp. 637-673
Number of pages: 37
Posted: 23 Feb 2012
Last Revised: 18 Dec 2013
Accepted Paper Series
University of Central Florida
Downloads
5,353
7.
Opinion on the Constitutionality of Robert Mueller's Appointment
Northwestern Public Law Research Paper No. 18-14
Number of pages: 21
Posted: 25 May 2018
Last Revised: 19 Jun 2018
Working Paper Series
Downloads
4,590
8.
How to Lose a Constitutional Democracy
UCLA Law Review, Vol. 65, Forthcoming, U of Chicago, Public Law Working Paper No. 642
Number of pages: 78
Posted: 20 Jan 2017
Last Revised: 14 Dec 2017
Accepted Paper Series
University of Chicago - Law School and University of Chicago Law School
Downloads
4,462
9.
Presidential Obstruction of Justice
106 California Law Review 1277 (2018), U of Chicago, Public Law Working Paper No. 647
Number of pages: 59
Posted: 21 Jul 2017
Last Revised: 09 Jan 2019
Accepted Paper Series
University of Chicago - Law School and University of Chicago - Law School
Downloads
4,426
10.
Congressional Control of Presidential Pardons
Nevada Law Journal Forum, Vol. 2, Winter 2018, University of Tennessee Legal Studies Research Paper No. 332
Number of pages: 7
Posted: 28 Aug 2017
Last Revised: 02 May 2018
Accepted Paper Series
University of Tennessee College of Law
Downloads
4,396
11.
Divine Operating System
Tennessee Law Review, Vol. 78, p. 651, 2011, University of Tennessee Legal Studies Research Paper No. 155
Number of pages: 12
Posted: 12 Jun 2011
Last Revised: 08 Sep 2011
Working Paper Series
University of Tennessee College of Law
Downloads
4,267
12.
Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional
NYU Journal of Law & Liberty, Vol. 5, 2010, Georgetown Public Law Research Paper No. 10-58
Number of pages: 58
Posted: 22 Sep 2010
Last Revised: 16 Feb 2011
Accepted Paper Series
Georgetown University Law Center
Downloads
4,081
13.
Constitutionalism: A Skeptical View
NYU School of Law, Public Law Research Paper No. 10-87
Number of pages: 46
Posted: 11 Dec 2010
Last Revised: 05 May 2012
Accepted Paper Series
New York University School of Law
Downloads
3,868
14.
National Federation of Independent Business v. Sebelius: Five Takes
Number of pages: 21
Posted: 22 Aug 2012
Working Paper Series
University of Tennessee College of Law and Samford University - Cumberland School of Law
There are 2 versions of this paper
National Federation of Independent Business v. Sebelius: Five Takes
Number of pages: 21
Posted: 22 Aug 2012
Downloads
3,611
National Federation of Independent Business v. Sebelius: Five Takes
Hastings Constitutional Law Quarterly, Vol. 40, No. 807, 2013
Number of pages: 26
Posted: 30 Apr 2013
Downloads
493
Downloads
3,611
15.
The CIA and Targeted Killings Beyond Borders
Harvard National Security Journal, Forthcoming, NYU School of Law, Public Law Research Paper No. 11-64
Number of pages: 118
Posted: 18 Sep 2011
Last Revised: 20 Sep 2011
Accepted Paper Series
New York University School of Law
Downloads
2,987
16.
'No' Review of Philip Hamburger, 'Is Administrative Law Unlawful?'
Texas Law Review, Forthcoming, Harvard Public Law Working Paper No. 14-34
Number of pages: 24
Posted: 29 Aug 2014
Last Revised: 04 Dec 2014
Accepted Paper Series
Harvard Law School
Downloads
2,858
17.
Knowledge About Ignorance: New Directions in the Study of Political Information
Critical Review, Vol. 18, Nos. 1-3, pp. 255-278, 2006 (Symposium on Political Knowledge), George Mason Law & Economics Research Paper No. 06-30
Number of pages: 25
Posted: 14 Jul 2006
Last Revised: 10 Apr 2011
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads
2,734
18.
The System of Foreign Intelligence Surveillance Law
72 George Washington Law Review 1306 (2004), Ohio State Public Law Working Paper No. 18, Georgia Tech Scheller College of Business Research Paper No. 2015-18
Number of pages: 69
Posted: 06 Sep 2004
Last Revised: 26 May 2017
Accepted Paper Series
Georgia Institute of Technology - Scheller College of Business
Downloads
2,693
19.
Why Senator John McCain Cannot Be President: Eleven Months and a Hundred Yards Short of Citizenship
Michigan Law Review First Impressions, Vol. 107, No. 1, 2008, Arizona Legal Studies Discussion Paper No. 08-14
Number of pages: 62
Posted: 11 Jul 2008
Last Revised: 17 Nov 2008
Accepted Paper Series
University of California, Davis - School of Law
Downloads
2,649
20.
The Origins of Judicial Review
University of Chicago Law Review, Vol. 69, Summer 2003
Number of pages: 90
Posted: 11 Aug 2003
Accepted Paper Series
University of California at Berkeley School of Law and University of Virginia School of Law
Downloads
2,496
21.
Who Can Be President of the United States?: Candidate Hillary Clinton and the Problem of Statutory Qualifications
5(1) Br. J. Am. Leg. Studies 95-121 (2016) (peer reviewed)
Number of pages: 28
Posted: 29 Oct 2015
Last Revised: 09 May 2016
Accepted Paper Series
National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law
Downloads
2,437
22.
How to Save the Supreme Court
129 Yale Law Journal 148 (2019), Vanderbilt Law Research Paper 18-65, Washington University in St. Louis Legal Studies Research Paper
Number of pages: 59
Posted: 27 Nov 2018
Last Revised: 31 Oct 2019
Accepted Paper Series
Washington University in St. Louis - School of Law and Vanderbilt Law School
Downloads
2,273
23.
The Story of Wickard v. Filburn: Agriculture, Aggregation, and Commerce
CONSTITUTIONAL LAW STORIES, Michael C. Dorf, ed., 2d ed., Foundation Press, 2008, University of Louisville School of Law Legal Studies Research Paper Series No. 2008-40
Number of pages: 38
Posted: 17 Sep 2008
Last Revised: 23 Sep 2008
Accepted Paper Series
Michigan State University - College of Law
Downloads
2,112
24.
Article II Vests Executive Power, Not the Royal Prerogative
119 Colum. L. Rev. 1169 (2019)
Number of pages: 99
Posted: 11 Feb 2019
Last Revised: 12 Jul 2019
Accepted Paper Series
University of Michigan Law School
Downloads
2,091
25.
Why We Need More Judicial Activism
Constitutionalism, Executive Power, and Popular Enlightenment, 2014 Forthcoming, Vanderbilt Public Law Research Paper No. 13-3
Number of pages: 21
Posted: 08 Feb 2013
Accepted Paper Series
Vanderbilt University - Law School
Downloads
2,064
26.
Federal Rules of Statutory Interpretation
Harvard Law Review, Vol. 115, p. 2085, 2002
Number of pages: 75
Posted: 23 Jun 2005
Accepted Paper Series
Georgetown University Law Center
Downloads
2,051
27.
Drone Federalism: Civilian Drones and the Things They Carry
4 California Law Review Circuit 57 (2013)
Number of pages: 18
Posted: 28 Apr 2013
Last Revised: 29 Mar 2014
Accepted Paper Series
University of Colorado Law School
Downloads
2,034
28.
Are Administrative Patent Judges Unconstitutional?
GWU Legal Studies Research Paper No. 419, GWU Law School Public Law Research Paper No. 419
Number of pages: 12
Posted: 06 May 2008
Working Paper Series
University of Virginia School of Law
Downloads
1,923
29.
An Analysis of Two Federal Structures: The Articles of Confederation and the Constitution
San Diego Law Review, Vol. 34, p. 249, 1997
Number of pages: 95
Posted: 10 Aug 2005
Accepted Paper Series
Kirkland & Ellis LLP
Downloads
1,852
30.
Executing the Treaty Power
Harvard Law Review, Vol. 118, p. 1867, 2005, Georgetown Public Law Research Paper No. 747724
Number of pages: 74
Posted: 23 Jun 2005
Last Revised: 03 Oct 2014
Accepted Paper Series
Georgetown University Law Center
Downloads
1,848
31.
The Lawfulness of Health-Care Reform
Yale Law School, Public Law Working Paper No. 228
Number of pages: 30
Posted: 03 Jun 2011
Last Revised: 19 Jun 2011
Working Paper Series
Yale Law School
Downloads
1,799
32.
Vermeule Unbound
Texas Law Review, Forthcoming, Columbia Public Law Research Paper No. 14-488
Number of pages: 26
Posted: 17 Nov 2015
Last Revised: 22 Feb 2017
Accepted Paper Series
Columbia University - Law School
Downloads
1,775
33.
The Obama Administration, the Dream Act and the Take Care Clause
Texas Law Review, Vol. 91, No. 4, 2013, U of St. Thomas Legal Studies Research Paper No. 12-27, UC Berkeley Public Law Research Paper No. 2144031
Number of pages: 57
Posted: 10 Sep 2012
Last Revised: 09 Oct 2012
Working Paper Series
University of California at Berkeley School of Law and University of St. Thomas School of Law (Minnesota)
Downloads
1,773
34.
The Anti-Corruption Principle
Cornell Law Review, Vol. 94, No. 341, 2009
Number of pages: 74
Posted: 04 Mar 2009
Last Revised: 18 Oct 2011
Accepted Paper Series
Fordham University School of Law
Downloads
1,630
35.
Faithful Execution and Article II
132 Harvard Law Review 2111 (2019) , Fordham Law Legal Studies Research Paper No. 3260593
Number of pages: 82
Posted: 08 Oct 2018
Last Revised: 11 Jun 2019
Accepted Paper Series
Fordham University School of Law, Fordham University School of Law and Fordham Law School
Downloads
1,602
36.
The Objects of the Constitution
Stanford Law Review, Vol. 63, No. 5, 2011, Georgetown Public Law Research Paper No. 11-49
Number of pages: 67
Posted: 20 May 2011
Accepted Paper Series
Georgetown University Law Center
Downloads
1,550
37.
War, Responsibility, and the Age of Terrorism
Stanford Law Review, 2004
Number of pages: 31
Posted: 10 Jan 2005
Accepted Paper Series
University of California at Berkeley School of Law
Downloads
1,514
38.
The Processes of Constitutional Change: From Partisan Entrenchment to the National Surveillance State
Fordham Law Review, Vol. 75, No. 2, 2006, Yale Law School, Public Law Working Paper No. 120
Number of pages: 46
Posted: 17 Sep 2006
Accepted Paper Series
Yale University - Law School and University of Texas Law School
Downloads
1,499
39.
The NSA Terrorist Surveillance Program
Harvard Journal on Legislation, Vol. 43, No. 2, p. 517, 2006
Number of pages: 18
Posted: 11 Jun 2007
Accepted Paper Series
Harvard Law School
Downloads
1,497
40.
Commerce Clause Challenges to Health Care Reform (Revised version)
University of Pennsylvania Law Review, Vol. 159, June 2011, Wake Forest Univ. Legal Studies Paper No. 1747189
Number of pages: 48
Posted: 25 Jan 2011
Last Revised: 28 Jun 2011
Accepted Paper Series
Wake Forest University - School of Law
Downloads
1,480
41.
High Federalism: Marijuana Legalization and the Limits of Federal Power to Regulate States
Cardozo Law Review, Vol. 35, No. 567, 2013, Univ. of Wisconsin Legal Studies Research Paper No. 1222
Number of pages: 76
Posted: 23 Mar 2013
Last Revised: 21 Jan 2014
Accepted Paper Series
University of Wisconsin Law School
Downloads
1,470
42.
Can the President Control the Department of Justice?
Alabama Law Review, Forthcoming, Fordham Law Legal Studies Research Paper
Number of pages: 75
Posted: 20 Feb 2018
Last Revised: 09 Nov 2018
Accepted Paper Series
New York Law School and Fordham University School of Law
Downloads
1,442
43.
Filburn's Legacy
Emory Law Journal, Vol. 52, p. 1719, 2003, Minnesota Legal Studies Research Paper No. 06-24
Number of pages: 51
Posted: 08 May 2006
Accepted Paper Series
Michigan State University - College of Law
Downloads
1,437
44.
The Evolution of Money: A Story of Constitutional Nullification
University of Cincinnati Law Review, p. 393, 1999
Number of pages: 49
Posted: 18 Dec 2006
Accepted Paper Series
Legal Scholar Academy
Downloads
1,428
45.
Gonzales V. Raich: Federalism as a Casualty of the War on Drugs
Cornell Journal of Law and Public Policy, Vol. 15, No. 3, pp. 507-550, Summer 2006, George Mason Law & Economics Research Paper No. 06-31, Symposium: The Latest Developments in the War on Drugs, September 2006
Number of pages: 45
Posted: 14 Jul 2006
Last Revised: 08 Dec 2008
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads
1,423
46.
Separation of Powers or Division of Power?
NYU School of Law, Public Law Research Paper No. 12-20
Number of pages: 34
Posted: 24 Apr 2012
Last Revised: 09 May 2012
Working Paper Series
New York University School of Law
Downloads
1,417
47.
Treaties' End: The Past, Present, and Future of International Lawmaking in the United States
Yale Law Journal, Vol. 117, No. 8, 2008
Number of pages: 137
Posted: 20 Mar 2008
Last Revised: 27 May 2008
Accepted Paper Series
Yale University - Law School
Downloads
1,410
48.
Varieties of New Legal Realism: Can a New World Order Prompt a New Legal Theory?
Cornell Law Review, Vol. 95, p. 61, 2009, Minnesota Legal Studies Research Paper No. 09-17
Number of pages: 79
Posted: 17 May 2009
Last Revised: 24 Feb 2010
Accepted Paper Series
Georgetown University Law Center and University of California, Irvine School of Law
Downloads
1,400
49.
Of Constitutional Decapitation and Healthcare
Tax Notes, Vol. 128, No. 2, July 12, 2010
Number of pages: 27
Posted: 15 Apr 2010
Last Revised: 24 Sep 2015
Accepted Paper Series
University of Florida Levin College of Law and affiliation not provided to SSRN
Downloads
1,388
50.
Ex Parte Merryman: Myth, History, and Scholarship
224 Military Law Review 481 (2016)
Number of pages: 60
Posted: 20 Aug 2015
Last Revised: 30 Mar 2017
Accepted Paper Series
National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law
Downloads
1,364
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